Food safety and standards Law and Policy in India
FOOD SAFETY AND
STANDARDS LAW AND POLICY IN INDIA
Dr. Ashish
Shrivastava
ABSTRACT
A country develops in the real sense if
it’s people are healthy and prosperous i.e. if they can have healthy and
notorious food which is as per standards of food safety. Only then a country
can grow well. United nations Development Programme (UNDP) also prepare Human
Development Index(HDI) on the basis of public health, education and income. It
shows the importance of the health of the
people for the growth of the nation and as a symbol of human development. India
despite having a huge population [121.02 cr.(2011)] and being a very big economy
as well, legging in the world not in GDP but in the health of the people. The
economy in financial terms is growing in quantum but is it sufficient? This
question leads us to confront some harsh realities about health in India.
As we are concerned here about food safety and public health, we should have a quick review of data recently reviled by UNDP’s(HDI), Global Hunger Index(GHI)
and the Food Safety and Standards Authority of India(FSSAI) about
adulteration to get an idea about the situation of India.
As per data reviled by UNDP’s(HDI) India
is at 134th position in the
world out of 187 countries. As per HDI in India public expenditure on health
as merely 1% of total GDP. In planning commission’s human development report, this is 1.3% of the total GDP. These
figures show the label of ignorance in this factor. As per data reviled
by FSSAI in its survey, there was 70% milk found adulterated across the
country wherein few states were found with 100% of milk adulterated. In other surveys 13% of food
samples were found adulterated nationwide.
In India, FSSAI has been mandated by FSS
act 2006 for performing food safety-related functions Viz:
·
Framing of various Regulations to
lay down the Standards and guidelines in relation to articles of food.
·
Laying down guidelines for
accreditation of certification bodies engaged in certification of food safety
management system for food businesses and laboratories.
·
To provide scientific advice and
technical support to Central Government and State Governments in the matters of
framing the policy and rules in areas which have a direct or indirect bearing
of food safety and nutrition.
·
Collect and collate data regarding
food consumption, incidence, and prevalence of biological risk, contaminants in
food, residues of various, contaminants in foods products, identification of
emerging risks and introduction of a rapid alert system.
·
Creating an information network
across the country so that the public, consumers, Panchayats etc receive rapid,
reliable and objective information about food safety and issues of concern.
·
Provide training programs for
persons who are involved or intend to get involved in food businesses.
·
Contribute to the development of
international technical standards for food, sanitary and python-sanitary
standards. So as to health
the food standards authorities to make these standards powerful and a boon to Right to life.
FOOD SAFETY AND
STANDARDS LAW AND POLICY IN INDIA
INTRODUCTION:
A country develops in the real sense if it’s people
are healthy and prosperous i.e. if they can have healthy and nutritious food
which is as per standards of food safety. Only then a country can grow well.
United Nations Development Programme (UNDP) also prepare Human Development
Index(HDI) on the basis of public health, education and income. It shows the
importance of the health of the people for
the growth of the nation and a symbol of human development.
India despite having a huge population [121.02
cr.(2011)] and being a very big economy as well, legging in the world not in GDP
but in the health of the people. The economy in financial terms is growing in
quantum but is it sufficient? This question leads us to confront some
harsh realities about health in India. As we are concerned here about food
safety and public health, we should have a quick review of data recently revealed
by UNDP’s(HDI), Global Hunger Index(GHI) and
Food Safety and Standards
Authority of India(FSSAI) about adulteration to get an idea about the situation
of India.
As per data revealed by UNDP’s(HDI) India is at 134th position in the world out of 187 countries.
As per HDI in India, public expenditure on health is merely 1% of the total GDP. In
Planning Commission’s Human Development Report,
this is 1.3% of the total GDP. These figures show the label of ignorance in this sector.
As per data revealed by FSSAI in its survey, there
was 70% milk found adulterated across the country wherein few states were found
with 100% of milk adulterated. In other surveys 13% of food samples were found adulterated nationwide.
Historical
Development of Law and Policy on Food Safety and Standards of India:
Prevention
of Food Adulteration Act and Rules, 1955
Adulteration
of food and drugs can cause serious damage to human life. This antisocial
menace is sought to be countered by making the legal provisions more stringent
and deterrent even entailing life imprisonment for adulterations causing
grievous hurt and danger to human life. This malpractice is also being tackled
through effective health education measures.
Food
is one of the essentials for proper maintenance of human health. Access to
pure, nutritious food, free from any type of adulteration is the right of every
citizen. The Directorate of Prevention of Food Adulteration is responsible for
checking adulteration/misbranding of food articles. Although sec.272 & 273
of IPC were in existence the same was considered not sufficient for control of
adulteration of food articles. The Prevention of Food Adulteration Act was
enacted in 1954 to strengthen the system for preventing adulteration in
articles of food.
The
Central Government framed rules known as the "Prevention of Food
Adulteration Rules, 1955". Under sec.23 of the Act, the responsibility of
implementation of Prevention of Food Adulteration Act and Rules framed thereunder vests in the State Governments and Union Territories. Each State
Government and Union Territory has created its own structure/organization for
implementation of the Act.
Until
1976 Municipal Corporation of Delhi, NDMC and Delhi Cantt. Board used to
implement the Act within their respective areas. Following major amendments in
the actin 1976 the Delhi Administration now Govt. of NCT of Delhi took over
the responsibility for the implementation work of the Act and as on date a
separate Directorate of Prevention of Food Adulteration functions under the
Minister (Health & Family Welfare) Govt. of NCT of Delhi.
The Prevention of Food Adulteration Act, 1954 (Aims and Objectives):
The Ministry of Health and Family Welfare is
responsible for ensuring safe food to the consumers. Keeping this in view, the legislation called "Prevention of Food Adulteration Act, 1954" was
enacted. The objective envisaged in this legislation was to ensure pure and
wholesome food to the consumers and also to prevent fraud or deception. The Act
has been amended thrice in 1964, 1976 and in 1986 with the objective of
plugging the loopholes and making the punishments more stringent and empowering
Consumers and Voluntary Organisations to play a more effective role in its
implementation.
The subject of the Prevention of Food Adulteration is in the
concurrent list of the constitution. However, in general, the enforcement of
the Act is done by the State/U.T Governments. The Central Government primarily
plays an advisory role in its implementation besides carrying out various
statutory functions/duties assigned to it under the various provisions of the
Act.
The laws regulating the quality of food have been in force in the
country since 1899. Until 1954, several States formulated their own food laws.
But there was a considerable variance in the rules and specifications of the
food, which interfered with inter-provincial trade. The Central Advisory Board
appointed by the Government of India in 1937 and the Food Adulteration
Committee appointed in 1943, reviewed the subject of Food Adulteration and
recommended for Central legislation. The Constitution of India provided the
powers to Central Government for making such legislation as the subjects of
Food and Drugs Adulteration are included in the concurrent list. The Government
of India, therefore, enacted a Central Legislation called the Prevention of
Food adulteration Act (PFA) in the year 1954 which came into effect from 15
June 1955. The Act repealed all laws, existing at that time in States
concerning food adulteration.
In India, a three-tier system is in vogue for ensuring food quality
and food safety. They are:
·
Government of India;
·
State/UT Governments;
·
Local Bodies.
The Prevention of Food Adulteration Act is Central legislation.
Rules and Standards framed under the Act are uniformly applicable throughout
the country.
Besides, framing of rules and
standards, the following activities are undertaken by the Ministry of Health
and Family Welfare.
·
Keeping close liaison
with State/local bodies for uniform implementation of food laws.
·
Monitoring of
activities of the States by collecting periodical reports on working of food
laws, getting the reports of food poisoning cases and visiting the States from
time to time.
·
Arranging periodical
training program for Senior Officer/Inspector/Analysts.
·
Creating consumer
awareness about the programme by holding exhibitions/seminars/training
programmes and publishing pamphlet'.
·
Approving labels of
Infant Milk Substitute and Infant food, so as to safeguard the health of
infants.
·
Coordinating with
international bodies like ISO/FAO/WHO and Codex.
·
Carrying out
survey-cum-monitoring activities on food contaminants like colors.
·
Giving
administrative/financial/technical support to four Central Food Laboratories
situated in Kolkata, Ghaziabad, Mysore, and Pune and providing technical
guidance to the food laboratories set up by the States/Local Bodies.
·
Holding activities
connected with National Monitoring Agency vested with powers to decide policy
issues on food irradiation.
·
Formulation of Manual
on a food analysis method.
The Ministry of Health and Family Welfare is designated as the National
Codex Contact Point in India to examine and formulate India's views on the
agenda for the various meeting of Codex Alimentarius Commission, a joint a venture of FAO/WHO dealing with International Food Standards and its subsidiary
committees. The Ministry of Health and Family Welfare constituted a National
Codex Committee (NCC) and an Assistant Director General (PFA) has been working
as Liaison Officer for NCC. The NCC has further constituted 24 Shadow
Committees corresponding to various Codex commodities committees for
preparation and finalization of India's stand.
India has been regularly attending the various sessions of the Codex
Alimentarius Commission and various Codex Commodity Committees to put forward
her views and defend these views.
Harmonization of PFA with Codex
After signing the Sanitary and Phytosanitary (SPS) and Technical The barrier to Trade (TBT) agreements by India and removal of quantitative
restrictions on the import of food products into India, the exercise of
harmonization of standards for food products, use of food additives,
microbiological requirements, harmonization of regulations, in line with
international standards prescribed by Codex Alimentarius Commission and
International Standards Organisation (ISO) had been initiated.
Role of
State/UT Governments
Enforcement of the food laws primarily rests with the
State/UTs. There are 28 States and 7 Union Territories in the country.
The implementation of the Act in most of the States is under
the administrative control of the Directorate of Health Services, whereas, in a
few States, the implementation is being combined with Drugs Administration
under the Joint Food and Drug Administration.
The
implementation has been left to the administrative setup of the States, but it
has been stressed on the States that whatever the structure be, there should be
a whole-time Senior Officer duly qualified and experienced in Food Science,
Food Technology, Food Analysis with other supporting officers and inspectors.
State
Governments are also empowered to make rules laying down details of licensing
conditions of food, the establishments of food industries and prescribing
license fees.
The
provisions under PFA Rules have been amended nearly 360 times and standards of
around 250 articles of food which are of mass consumption have been prescribed.
While making amendments, standards formulated by Codex/technological
development in the food industry sector/dietary habits/nutritional status of
our population, social/cultural practices are taken into consideration.
By
and large, in most of the States, implementation incorporation/municipal area
rests with the Local Bodies which employ their own food inspectors. Licensing
of food industries/establishments is also left to them.
There
are 72 food laboratories in the country at District/Regional or State level in
addition to four Central Food Laboratories set-up by the Central Government.
Almost
every State has got one or more laboratory depending upon its need. About 12 of
these laboratories are under the administrative control of the local bodies
whereas the remaining ones are under the administrative control of the State
Government.
Following
constraints have been noticed in the program:
·
Shortage of Food Inspectors with the States/Local Bodies,
·
Deficiency in the testing laboratories on the following
counts:
·
Inadequate trained manpower,
·
Inadequate testing facilities,
· Non-availability of sophisticated equipment,
·
Inadequate budgetary provision,
·
Non-availability of reference standard material,
·
Non-availability of program officer for PFA with the
State/Local Bodies at State and District levels,
·
Non-availability of the separate legal cell for the trial of PFA
cases with the State/Local Bodies,
·
Non-availability of a regular refresher training program for
all the functionaries.
Efforts of Central Government for
Solving the Constraints
·
Refresher training programs are being arranged for all the
functionaries namely: (a) Food Inspectors, (b) Local (Health) Authorities, (c)
Food (Health) Authorities, (d) Public Analyst and Chemist. Training for
Analysts and Chemists are being organized in their own laboratories by trainer
deputed by the Central Government. These trainers stay in one lab for six
working days and first of all they set up the laboratory as per Good Laboratory
Practices and thereafter, the specific training is organized.
·
Sophisticated equipment is being supplied to State Food
Testing Laboratories so that at least one laboratory in each State is
appropriately strengthened. Efforts are being made to ensure that warranty of
the equipment so supplied are for minimum 3 years along with consumables and
proper training is provided to the analysts/chemists by the supplier for
handling and running the equipment.
·
Efforts are also being made to ensure that each State is
linked electronically with its District Headquarters.
·
The expenditure for this is proposed to be provided from the
World Bank Assisted Capacity Building Project for food and drugs is
implemented by the Central Government. This will facilitate smooth sharing of
information and networking.
·
Efforts are being made to provide at least one analyst from
the Central Budget through the World Bank Assisted Project in each Food Testing
Lab for a period of 5 years.
·
Standard reference material for pesticides, listed under
Rule 65 of PFA Rules, all the metals listed under Rule 57 of the PFA Rules and
aflatoxin are being supplied to one lab in each State.
·
Books on methods of analysis like AOAC, Pearson, Food
Chemical Codex, have already been supplied to a majority of the laboratories.
·
Training program for consumers, traders, vendors and
street food hawkers have been organized and will be organized in the future as a
consumer education program on food safety.
·
Sensitization training programs have been organized for
Port (Health) Officers/Customs Officers/Customs House Clearing Agents and
importers on various provisions of PFA Act/Rules and other provisions namely
packaged Commodity Order and Customs Act, so that these officers may
appropriately handle the imported food product.
·
The Food Safety and Standards Act, 2006: With the coming into effect of the
Food Safety and Standards Act, 2006 (FSSA) enacted by Parliament in August
2006, the Prevention of Food Adulteration Act, 1954 stands repealed from the the date on which Food Safety and Standards Act comes into force on such date as
the Central Government may, by notification in the Gazette.
Notwithstanding
the repeal of the enactment and Orders specified in the Second Schedule, the
standards, safety requirements and other provisions of the Act and the rules
and regulations made thereunder and Orders listed in that Schedule shall
continue to be in force and operate till new standards are specified under this
Act or rules and regulations made thereunder. Provided that anything is done or
any action taken under the enactment and Orders under repeal shall be deemed to
have been done or taken under the corresponding provisions of this Act and
shall continue in force accordingly unless and until superseded by anything
done or by any action taken under this Act.
World Bank Assisted-Capacity
Building Project on Food Safety
As
trade in food commodities expands globally, food safety can no longer be
considered a mere domestic issue.
The
agreements under the WTO require the development of modern food control and
safety programs by national Governments. The issue does not relate only to end
product parameters but also to process control.
In
order to strengthen the food safety infrastructure in the country, a 5 year
World Bank Aided Capacity Building Project for Food Safety and Quality Control
of Drugs has been launched by the Central Government.
The Project Objectives/Components are as below:
·
To enhance the capacities of laboratories at the State and
Central levels through infrastructure strengthening and training of personnel
to upgrade their existing skills. It is separately proposed that only those
labs are allowed to do statutory testing which is accredited to NABL (National
Accreditation Board for Testing and Calibration Laboratories).
·
To introduce GMP (Good Manufacturing Practice) and HACCP
(Hazard Analysis and Critical Control Points) in the medium and small-scale
food processing operations and upgrade facilities in the laboratories including
testing for microbiological contamination.
·
To create greater awareness of food safety and hygiene in
the small, cottage and unorganized sectors including the street food sector
through training,
·
To develop a system of continuous surveys of households to
get client perceptions which will provide substantive inputs for policy
development and program improvements.
·
Setting up of Management Information System and electronic
linkages between Central and State Offices and Central and State Labs in the
area of food to ensure better monitoring and data collection.
Role of
Central Government:
1.
To review the provisions of the PFA Act, Rules and Standards in consultation with
the Central Committee for Food Standards, a statutory Advisory Committee under
the Act and its 12 technical Sub- Committees and groups, which are:
§ Food Laws And Legal
Advisory Sub-Committee
§ Nutrition, Foods For Special Dietary Uses
Sub-Committee
§ Food Additives Sub-Committee
§ Edible Oils And Fats Sub-Committee
§ Milk And Milk Products Sub-Committee
§ Pesticide Residues Sub-Committee
§ Analysts Sub-Committee
§ Group On Spices And Condiments
§ Group On Fruits And Vegetable Products
§ Group On Sugar And Confectionery
§ Group On Cereals, Pulses And Their Products
§ Group On Packaged Drinking Water And Mineral
Water
2.
To conduct examination for the Chemists for their appointment as Public Analysts
under the Act.
3.
To organize training programs for various functionaries (viz. Senior-level
Officers, Chemists, Food Inspector, and Consumer Organizations) under the Act.
4.
To approve the State PFA Rules.
5.
To examine and approve the labels of Infant Foods.
6.
To evaluate and monitor the progress of implementation of the Act in the
States/UTs by collecting periodical reports and spot visits.
7.
To liaise with National & International Food Quality Control Organisations
i.e. BIS (associated with the certification of processed food articles),
Directorate of Marketing and Inspection Operating Agmark Scheme, Ministry of
Food Processing Industries implementing Fruits Products Order (FPO) and Codex
Alimentarius Commission.
8.
To ensure the quality of food imported into India, under the provisions of the Act.
9.
To create Consumer Awareness and
10.
To augment the Food Testing Laboratories
Central
Food Laboratories
Four
Central Food Laboratories have been established under the Act, which works as
appellate laboratories for the purpose of analysis of appeal samples of food
articles lifted by the Food Inspectors of States/UTs and Local Bodies.
The two Laboratories viz.
(i)
Food Research and Standardisation Laboratory, Ghaziabad and (ii) Central Food
Laboratory, Calcutta is under the Administrative control of the Directorate
General of Health Services and the other two viz. (i) Central Food Laboratory,
Pune and (ii) Central Food Laboratory, Mysore are under the Administrative
control of Government of Maharashtra and Council of Scientific and Industrial
Research, Government of India, respectively.
State Food Laboratories
There
are 81 Food Laboratories under the administrative control of States/UTs
Governments and Local Bodies.
Amendments
to PFA:
The
Prevention of Food Adulteration division has made a number of amendments to the
provisions of Prevention of Food Adulteration Rules, 1955 and Standards of Food
articles to align with international standards and also to keep the law abreast
of the new developments in the fast-changing sector.
CONCLUSION
One
of the important amendments effected to protect the interests of consumers is
to mention ‘Best before date’ on the package of Food articles as per
international regulations. This notification was one among the 9 notifications
released in the year 1998 and to be effective from 9th July 1999. This
provision made consumers aware of the shelf life of the products they are
buying.
Apart from the standards and mind-blowing
regulations, there is a need for proper
implementation of the policy and we must have a strong system to punish the
people indulge in such malpractices and who is responsible for the adulteration
and thereby malnourishment of the people. On the other hand, people also have to
be awarded about the food standards, So as to help the food standards authorities to make these
standards powerful and a boon to Right
to life. Food safety is a matter of concern in India which still requires
proper attention and should be open for research so that people can have
unadulterated and healthy food. India can become prosperous in the real sense only
when it turns into reality.
BIBLIOGRAPHY
§ Food Adulteration Act, 1954
§ Food Adulteration Act and Rules, 1955
§ The Food
Safety and Standards Act, 2006
§ Magazine –
Pratiyogita Darpan, Indian Law Times, India Today, etc.
§ News
Papers –The Hindustan Times, The Times of India, The Hindu, etc.
§ Journals
§ Reports- FSSAI,
FSS, HDI, GHI, etc.
।।जय हिन्द जय भारत।।
SAVE WATER-SAVE LIFE
Post a Comment